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Anonymous users2024-02-12If this clause does not violate the principle of freedom of contract, and the interests of the parties are legally protected, then the exclusive entrustment of the seller is legal. If the clause violates the principle of freedom of contract and the interests of the parties are therefore unbalanced, the exclusive entrustment of the seller is unlawful.
Legal analysis
According to the relevanceLaws and Regulations
It is stipulated that when buying and selling a house, it is necessary to sign a relevant agreement. The house signs an exclusive agreement with the agent, and if the intention of the two parties is true, then the agreement is legal and valid; Buying a house through an agent usually has two contracts. The "Sale and Purchase Intermediary Contract" contract is legally valid, the subject is the seller, the buyer and the intermediary according to the prosecution, and the subject of the "House Sale and Purchase Contract" contract is the seller and the buyer.
The "intermediary contract" has legal effect, but the "intermediary contract" mainly stipulates that the interests of the intermediary party are guaranteed, that is, whoever breaches the contract shall pay the intermediary fee. Residents are to try to sign contracts in public and in the presence of witnesses. The contract of sale does not violate the stateLaws and Regulations
Without harming the legitimate interests of others and without violating the true intentions of the parties, the signed contract is legal and valid and has legal effect. The deposit penalty shall be applied to the deposit, and if the party who pays the deposit fails to perform its obligations, the deposit shall be lost. If the party receiving the deposit fails to perform its obligations, the deposit shall be refunded double.
Therefore, a contract established in accordance with the law is protected by law, and a contract with legal requirements is protected by law, regardless of whether it is signed at an intermediary or not.
Legal basis
Civil Code of the People's Republic of China
Article 464:A contract is an agreement between civil entities to establish, modify, or terminate a civil legal relationship. Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.
Article 470:The content of the contract is agreed upon by the parties, and generally includes the following clauses: (1) the names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution. The parties may conclude a contract with reference to the model texts of various types of contracts.
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Anonymous users2024-02-11There is no clear law on whether this entrustment agreement is legal or not, but the real estate agent gives you money for this exclusive entrustment agreement, and you need to abide by it.
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Anonymous users2024-02-10Legal analysis: The house signs an exclusive agreement with China Model Xinjie, if the intention of the two parties is true, then the agreement is legal and valid; There is no clear law on this entrustment agreement that stipulates that it is legal or legal, but the real estate agent gives you money for this exclusive entrustment agreement, and you need to abide by it.
Legal basis: Civil Code of the People's Republic of China
Article 919 A trust contract is a contract in which the client and the trustee agree that the trustee will handle the affairs entrusted to the Tanda people.
Article 922:The trustee shall handle the entrusted affairs in accordance with the instructions of the client. Where it is necessary to change the client's instructions, the client's consent shall be obtained; Where it is difficult to contact the client due to the urgency of the situation, the trustee shall properly handle the entrusted affairs, but shall promptly report the situation to the client afterwards.
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Anonymous users2024-02-09Legal analysis: The agreement is valid in principle, and only if it violates the mandatory provisions on the validity of laws and administrative regulations, it will be invalid, otherwise it will not be invalid.
Legal basis: Civil Code of the People's Republic of China
Article 919: A contract is a contract in which the client and the trustee agree that the trustee will handle the client's affairs.
Article 922:The trustee shall handle the entrusted affairs in accordance with the instructions of the client. Where it is necessary to change the client's instructions, the client's consent shall be obtained; If it is difficult to contact the client due to the urgency of the situation, the trustee shall properly handle the entrusted affairs, but shall promptly report the situation to the client afterwards.
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Anonymous users2024-02-08Summary. Hello, the property exclusive entrustment agreement is legitimate. When buying and selling a house, if the exclusive agreement is signed, the parties have the capacity for civil conduct, are true expressions of intent, and do not violate the mandatory provisions of the law and public order and good customs, the agreement is legal.
Legal basis: Article 143 of the Civil Code of the People's Republic of China [Conditions for the Validity of Civil Juristic Acts] Civil juristic acts that meet the following conditions are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Hello, the property exclusive entrustment agreement is legitimate. When buying and selling a house, if an exclusive agreement is signed, the parties have the capacity for civil conduct, are a true expression of intent, and do not violate the mandatory provisions of the law and public order and good customs, the agreement is legal. Legal basis: Article 143 of the Civil Code of the People's Republic of China [Conditions for the validity of civil juristic acts] Civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct; (2) The intention is to express the truth of Qigao; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Dear, are you buying or selling a house?
The contract says that I have to pay 18% of the transaction price determined by the brokerage house agreement for liquidated damages.
Dear, it's legal, if you sign this agreement, then you do need to pay liquidated damages.
Have you signed it now?
Signed. Is such a high penalty reasonable? Party B did not stamp the company's official seal, only a handprint.
The amount of liquidated damages mainly depends on whether the actual loss has been caused, and it does not exceed 30% of the actual loss, and the liquidated damages are all legal.
Is there anything else I need to know?
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Anonymous users2024-02-07Hello dear, happy to answer your <>
If the clause violates the principle of freedom of contract, and the interests of the parties are therefore unbalanced, then the exclusive entrustment of the seller is not legal. If this clause does not violate the principle of freedom of contract, and the interests of the parties are legally protected, then the exclusive entrustment of the seller is legal.
Legal basis: Article 919 of the Civil Code of the People's Republic of China An entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the affairs of the client. Article 922 The trustee shall handle the entrusted affairs in accordance with the instructions of the client.
Where it is necessary to change the client's instructions, the client's consent shall be obtained; Where it is difficult to get in touch with the client due to the urgency of the situation, the trustee shall properly handle the entrustment affairs, but shall promptly report the situation to the client after the fact.
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